Filing of form 8 and form 17

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CMA. CS. Sanjay Gupta (Querist)
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19 April 2013 Dear Experts

My question is
"If 70 days has expired from the date of Creation or Modification or Satisfaction of charges and the respective form has not been filed then what are the options available?"

Regards

Ajay Mishra

Ajay Mishra (Expert)
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19 April 2013 Hi

If for any reason charge ( creation or modification ) could not be filed with ROC within 60 days ( 30 days under law + 30 days with additional fee under ROC power ) and in case of satisfaction 30 days, then the Company have to take the condonation of delay in filing such particulars with Company Law Board.

In case of rectification / corrections required in a registered charge, the same can be done only with the order of Company Law Board under this section.

The condonation petition under section 141 include the following :
· Petition containing details about company, charge delayed and reason thereof.
· Affidavit verifying the petition.
· Board Resolution authorising director to make affidavit.
· Memorandum of Appearance by professional appearing on behalf of the company.
The Company Law Board on hearing of the case or otherwise decide about the genuinity of the case on the ground of just and equitable will levy cost for such delay and condone the delay / rectification by issuing order in this behalf.

The Company will file the copy of order alongwith Form No. 21 with ROC and get the registration in this behalf.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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19 April 2013 Approach CLB in view of General Circular No: 1 /2008

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Querist)
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19 April 2013 Thank you Ajay Sir and Warrier Sir

Actually i was having some confusion because of General Circular No 13/2007. But the same was withdrawn vide General Circular No 1/2008.

Facilty of 300 days was allowed for an ad-hoc arrangement to fine tune and smoothen the e-filing process pursuant to switching over from manual filing to e-filing through MCA 21, e-Governance project of the Ministry.

Ajay Mishra

Ajay Mishra (Expert)
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19 April 2013 Yes, but due to CLB instruction MCA further discussed on it and issued a new circular in 1/2008.

The MCA does not want to suffer monetary lasses due to extension of 300 days of filing.

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